We would restate the rule of law as follows: Application for extension of time made after the expiration of the time limit allowed, cannot be granted upon an ex parte application, unless there is no person apart from the applicant who would be affected by an order made upon that application, or unless it is so provided by rules or by an order of court. The application for enlargement of time in this case having been made without notice to the appellants who would be affected by an order made thereon, the grant thereof is void and ineffective. The respondent therefore was not properly before the High Court. It is still open to him to apply for an enlargement of time or to pursue his remedy by other proceedings.
MENSAH AND OTHERS v. NSOWAH [1964] GLR 288 [1964] SLR (SC) 29 · Supreme Court · 1964 · OLLENNU JSC
Read it in the judgment